If you drink and drive the result may be jail time, loss of your driver’s license, heavy fines, community service, probation, DUI school, and much higher auto insurance rates.
Under Florida law, driving under the influence of alcoholic beverages, chemical substances, or controlled substances is one offense, proved by impairment of normal faculties or an unlawful blood alcohol or breath alcohol level of .08 or above.
Why Should I Contact a DUI Lawyer?
Hiring a DUI lawyer can help you minimize the consequences of a DUI conviction, navigate complex laws and procedures, and provide support during a stressful time. Contact a qualified DUI lawyer as soon as possible to protect your rights and achieve the best possible outcome for your case.
What Are the Penalties for DUI in Florida?
- Fine
- Community Service
- Probation
- Imprisonment
- License Revocation
- DUI School
Penalties for DUI in Florida increase dramatically if the blood alcohol level is 0.15 or higher or if a minor is in the vehicle. In these cases an Ignition Interlock Device may be installed for at least 6 continuous months.
Ignition Interlock
Florida law mandates that any driver convicted of a second DUI have an Ignition Interlock Device (IID) installed in their vehicle.
What Are the DUI Fines in Florida?
- First conviction: Not less than $500 or more than $1,000.
- Second conviction: Not less than $1,000 or more than $2,000.
- Third conviction (within 10 years from the second offense): Not less than $2,000 or more than $5,000.
- Third conviction (more than 10 years from second): Not less than $2,000 or more than $5,000.
- Fourth or subsequent conviction: Not less than $2,000.
See section 316.193, Florida Statutes
DUI Conviction Can Result in Imprisonment
A judge may direct that sentencing terms be served in a residential alcoholism or drug abuse treatment program and credited toward the term of imprisonment.
- First conviction: Imprisonment for not more than six months.
- Second conviction: Imprisonment for not more than nine months. If second conviction was within five years of a prior conviction, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
- Third conviction: If third conviction is within 10 years of a prior conviction, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction is more than 10 years of a prior conviction, imprisonment for not more than 12 months.
- Fourth or subsequent conviction: Imprisonment for not more than five years.
See section 316.193(2)(a)-(c), and 775.082(3)(e), Florida Statutes.
Impoundment or Immobilization of Vehicle
Unless the family of the defendant has no other transportation:
- First conviction B 10 days.
- Second conviction within five years of a prior conviction B 30 days.
- Third conviction within 10 years of a prior conviction B 90 days.
Impoundment or immobilization must not occur concurrently with incarceration.
See section 316.193(6), Florida Statutes.
Driver License Revocation for DUI
- First offense: Minimum 180 days revocation, maximum one year.
- Second offense within five years from prior conviction: Minimum five years revocation.
- Second offense five or more years after first conviction: Minimum 180 days revocation, maximum one year
- Third offense within 10 years of the second conviction: Minimum 10 years revocation.
- Third offense 10 or more years after the second conviction: Minimum 180 days revocation, maximum one year.
- Fourth conviction, regardless of when prior convictions occurred: Mandatory permanent revocation.
See sections 322.271 and 322.28, Florida Statutes.
Review Hearings for Administrative Suspensions and Disqualifications
Florida Statutes authorize the DHSMV, upon the request of the driver, to conduct formal and informal reviews for the purpose of sustaining, amending, or invalidating administrative suspensions and disqualifications.
See sections 322.2615, 322.64, and 316.193, Florida Statutes.
Can I Have My Driver License Privilege Reinstated for Business or Employment Purposes?
Suspension for driving with an unlawful alcohol level of .08 or above, or refusal to submit to breath, urine, or blood test, must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level, must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal, must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.
Suspension for persons under the age of 21 driving with a breath alcohol level of .02 or above, must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. Persons with BAL of .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.
Individuals Convicted of DUI May Have Their Driver License Privilege Reinstated for Business or Employment Purposes
- First conviction must complete DUI school and apply to DHSMV for hearing for possible hardship reinstatement.
- Second conviction within five years, five‑year revocation. May apply for hardship reinstatement hearing after one year.
- Third conviction within 10 years of a prior conviction, 10‑year revocation. Mandatory IID for two years.
See sections 322.2615, 322.64, and 316.193, Florida Statutes.
Hardship License Prohibited
- Florida law prohibits any hardship reinstatement upon second or subsequent suspension for test refusal or if driver has been convicted of DUI two or more times.
- Persons disqualified from operating a Commercial Motor Vehicle (CMV) cannot obtain a hardship license to operate a CMV.
See section 316.193, Florida Statutes.
Chemical or Physical Test Provisions – Implied Consent Law
- Driver license suspension periods, first refusal, suspended for one year. Second or subsequent refusals, suspended for 18 months.
- Portable alcohol breath testing devices authorized by section 322.2616, Florida Statutes, for persons under the age of 21.
See sections 316.1932, 316.1933 and 316.1939, Florida Statutes.
Adjudication and Sentencing
The courts are prohibited from withholding adjudication in DUI cases or from reducing a DUI charge if the defendant=s blood alcohol was .15 or greater.
See section 316.656 Florida Statutes.
Why Daniel J. Fernandez, P.A.?
One of the biggest benefits associated with hiring a qualified lawyer for your DUI is that you increase your chances of getting the relief you deserve. You will need to hire an experienced DUI lawyer as soon as possible.
The law and rules governing DUIs are complex. The attorneys at Daniel J. Fernandez, P.A., have experience in defending DUIs and will work vigorously to protect your rights, from the moment you are charged to the final resolution of the case, including an appeal if necessary.
If you or someone you care about has been charged with DUI contact us immediately for a free consultation. The law firm of Daniel J. Fernandez, P.A., has the experience and skills necessary to assist you, and we are bilingual as well. We will get you the best results possible. Each and every client receives focused, individualized attention, from beginning to the end. Contact Daniel J. Fernandez today so we can fight for you and protect your rights. Call (813) 229‑5353. Se habla español.
